MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  19 May 1999                            
	DOCKET NUMBER:   AR1999019171

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his uncharacterized (UNCHAR) discharge be upgraded to a fully honorable discharge.

APPLICANT STATES:  In effect, that he served honorably without incident from April 1988 - July 1988 and he feels that his characterization of service should be honorable.  He was even promoted to private first class two days prior to being discharged.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 18 April 1984, the applicant enlisted in the Army National Guard (ARNG).  On 5 August 1984, he was ordered to active duty for training.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Police).  On 29 November 1984, he was separated and returned to the Indiana ARNG.

On 4 March 1988, the applicant enlisted in the Regular Army for 4 years and MOS 94B.  On 15 March 1988, orders were issued transferring him to Korea for duty.  However, he never reported, because on 23 May 1988, he was transferred to a medical holding company at Fort Leonard Wood, Missouri. 

On 24 May 1988, the applicant authenticated a statement with his own signature in which he requested discharge for physical disability based upon the findings and recommendations of a medical evaluation board (MEBD).  He acknowledged that he understood that the MEBD found him unqualified for retention in the military service because of a physical disability that existed prior to entry into active service (EPTS) and that the disability was neither incident to, nor aggravated, by military service.  He waived his right to have his case reviewed by a Physical Evaluation Board (PEB) and stated that he understood he would be separated by reason of EPTS.  The original MEBD is not contained in his official military personnel file (OMPF).

On 23 June 1988, the separation authority approved the applicant's request for expeditious discharge under the provisions of chapter 5, Army Regulation
635-40 with an uncharacterized discharge.  On 6 July 1988, he was separated under the provisions of chapter 5, Army Regulation 635-40, for "physical disability, prior to entry on active duty, medical board" with an uncharacterized discharge.  He had served 4 months and 3 days on his 4 year enlistment obligation.

The record indicated the Army Discharge Review Board denied the applicant an upgrade of his discharge on 10 March 1999.

Army Regulation 635-40, then in effect set forth the basic authority for the separation of enlisted personnel for non-service aggravated conditions that existed prior to service upon a soldier's waiver of a PEB.  Paragraph
5-2 provided for he separation of enlisted personnel who did not meet procurement medical fitness standards.  Paragraph 5-5 provided that individuals discharged under the provisions of chapter 5 would be awarded a character of service honorable, under honorable conditions (general), or uncharacterized description of service, if in an entry level status.  Entry Level Status is defined as an individual in his/her initial 180 days of service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Even though the entire discharge proceedings are not available, the Board presumed regularity in the discharge process. 

3.  The Board noted the applicant served 4 months and 3 days on his 4 year enlistment obligation, approximately 94 days.  Soldiers who serve on active duty for less than 180 days are in entry level status.  The service of soldiers in entry level status is uncharacterized.  This is not an adverse separation, and there is no indication that he had any indisciplines, lost time or other adverse actions taken against him while he served on active duty.

4.  The facts contained in the record support the characterization and reason for discharge.  The uncharacterized discharge issued to the applicant at the time of separation is appropriate.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JNS_____  RGH____  RWA____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019171	
SUFFIX		
RECON		
DATE BOARDED	19990519	
TYPE OF DISCHARGE	(UNCHAR)	
DATE OF DISCHARGE	19980706	
DISCHARGE AUTHORITY	AR 635-40  Chapter 5	
DISCHARGE REASON	Physical disability existed prior to service (EPTS)	
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	He served honorably for 4 months and feels the characterization of his service should be honorable.  He was even promoted 2 days prior to ETS.	
2.		
3.		
4.		
5.		
6.